PRAMOD KUMAR PACHAURI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner was promoted by the order dated 30.01.2009 (Annexure P/4) on the post of Head Constable. This promotion order is directed to be cancelled by the impugned order Annexure P/1. This is not in dispute between the parties that the impugned order is passed without affording any opportunity to the petitioner. However, in the impugned order and in the return the respondents have made an effort to justify their action on merits. This Court while issuing notice has stayed the operation of Annexure P/1. This interim order is still prevailing.

(2.) IN the considered opinion of this Court, the impugned order entails civil consequences and it is an adverse order. Thus, before passing this order, the respondents should have followed the principle of natural justice. The importance of principle of natural justice is retreated by the Supreme Court as under: - The Apex Court in (1990) 2 SCC 746 (Neelima Misra Vs. Harinder Kaur Paintala and Others) has held that any order which entails civil consequences should be passed only after following the principles of natural justice. The following quotes will establish the importance of following the principles of natural justice: -

(3.) PETITION is allowed to the extent indicated above.